No. 32.]
Pearling.
[1922.
PEARLING.
13° GEO. V., No. XIV.
No. 32 of 1922.
AN ACT to further amend the Pearling Act, 1912.
[Assented to 21st December, 1922.]
B
E it enacted by the King's Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of Western Australia, in
this present Parliament assembled, and by the authority of
the same, as follows:—
Short title.
Definition of
" Diver's tender,"
1. This Act may be cited as the Pearling Act Amendment
Act, 1922, and shall be read as one with the Pearling Act,
1912, hereinafter referred to as the principal Act.
2. The following definition is hereby inserted in its appropriate place in section five of the principal Act, that is to
say
"Diver's tender" means the person attending on a diver
and in charge of the diving operations when the
diver is below.
Amendment of
Section 10.
3. The enumeration of licenses contained in section ten of
the principal Act is hereby repealed, and an enumeration is
substituted therefor, as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
Ship licenses:
Exclusive licenses:
General licenses:
Beach comber's licenses:
Divers' licenses:
Divers' tenders' licenses:
Shell buyers' licenses.
Pearl dealers' licenses:
Pearl cleaner's licenses.
1922.]
Pearling.
[No. 32.
4. Section eleven of the principal Act is hereby amended Amendment of
by the insertion of the words "diver's tender's" after the
word "diver's" therein.
5. Section twelve of the principal Act is hereby amended
by the insertion of the words "shell buyer's" after the word
"general" therein.
Amendment of
Section 12.
6. Section sixteen of the principal Act is hereby repealed,
and a section is substituted therefor, as follows:—
Substitution of
new section for
Section 16.
16. (1.) Every application for any ship, beach com- Lpent
's
ber's, shell buyer's pearl dealer's or pearl cleaner's tinder,
license shall be made during the currency of the calendar '4%24 galena
year in which the license is to have effect or in the month cleaner's It"'
of December preceding that year, and every such license
which shall be granted shall, subject to this Act, have
effect for and during that year or the unexpired portion
thereof and no longer.
(2.) Every application for any diver's or diver's tender's license shall be made during the currency of the
term in which it is to have effect, and every such license
which shall be granted shall, subject to this Act, have
effect for and during that term or the unexpired portion
thereof and no longer.
(3.) "Term" means the period from the 1st day of
January to the 30th day of April or from the 1st day of
May to the 31st day of August or from the 1st day of
September to the 31st day of December (all days inclusive) in any year.
7. (1.) The words "and the ship shall be forfeited to His
Majesty, and may on such complaint as aforesaid be condemned by any two justices accordingly" are hereby added
to subsection (1) of section thirty-one of the principal Act.
(2.) Subsection (2) of the said section thirty-one is hereby repealed, and a subsection is hereby substituted therefor,
as follows :—
(2.) The summons issued on any such complaint may,
if a declaratory order regarding the license is sought, be
addressed to the master or, if a condemnation of the ship
is sought, it may be addressed to the owner, and, in either
case, it shall be deemed to have been duly served if de-
grodnm3ee of
No. 32.]
Pearling.
[1922.
livered personally to the person to whom it is addressed,
or if it is served in the manner in which a writ of summons issued in an action in rem in the Admiralty Jurisdiction of the Supreme Court may be served.
(3.) A subsection is hereby added to section thirty-one
of the principal Act, as follows :—
(3.) If any unqualified person shall have or acquire,
by contract or arrangement with any owner of any ship
or with any servant or agent of such owner, the right to
share in the results or proceeds of any pearling in which
the ship is or shall be used or employed, such and the
like consequences shall ensue, and such and the like proceedings may be taken as if such person had acquired an
interest in the ship.
Amendment of
heading of
Division 4,
Part IL
8. The heading of Division 4 of Part II. of the principal
Act is hereby amended by the insertion of the words
"and divers' tenders" between the words ''divers' " and
"licenses."
Amendment of
Section 52.,
9. Section fifty-two of the principal Act is hereby amended
by the insertion after the word "Act," in the sixth line, of
the words "or employ or authorise or permit the employment
of any person as a diver's tender unless such person is the
holder of a diver's tender's license under this Act."
Amendment of
Section 53.
10. Section fifty-three of the principal Act is hereby
amended by the insertion of a subsection, as follows :—
(2.) No person shall act as a diver's tender unless he
is the holder of a diver's tender license under this Act.
Penalty: Ten pounds, or a daily penalty of one pound.
Amendment of
Section 54.
11. Section fifty-four of the principal Act is hereby
amended by the insertion after the word "divers' " of the
words "and divers' tenders.' "
Amendment of
Section 56.
12. Section fifty-six of the principal Act is hereby
amended by the insertion, in the first line, after the word
diver's," of the words "or diver's tender's."
Amendment of
Section 57.
13. Section fifty-seven of the principal Act is hereby
amended by the insertion after the word "diver's," wherever
such word occurs therein, of the words "or diver's tender's."
1922.]
Pearling.
[No. 32.
14. Section fifty-eight of the principal Act is hereby
amended by the deletion of the word "Resident" and of the
words "of any magisterial district lying wholly or partially
to the north of the twenty-seventh parallel of South Latitude," and by the addition to the section of the words, "Pearl
dealers' licenses shall be of two kinds—general and limited;
but the effect of both kinds of license shall be the same save
as in sections sixty-four and seventy-three (a) is otherwise
provided."
tem
eronesnt of
15. Section fifty-nine of the principal Act is hereby
amended by the deletion of the words "within that portion
of the State lying to the north of the twenty-seventh parallel
of South Latitude."
temgioc;dnm5er of
16. Section sixty of the principal Act is hereby amended
by the insertion of the words "beach comber's" after the
word "general," and by the deletion of the words "within
the said portion of the State," and the substitution therefor
of the words "within that portion of the State lying to the
north of the twenty-seventh parallel of South Latitude."
m
erodnnt of
te
17. Subsection five of section sixty-four of the principal
Act is hereby repealed, and a new subsection is substituted,
as follows :-
Amendment of
Section 6t.
(5.) A licensed pearl dealer who is merely the holder
of a limited license shall not have any registered place
of business north of the twenty-seventh parallel of South
Latitude.
18. Section seventy-one of the principal Act is amended
by omitting the words "North of the twenty-seventh parallel
of South Latitude," and the words "North of the said
parallel"; and by adding to the said section a subsection, as
follows:—
(2.) Within ten days after the expiry of a ship, exclusive, general, or beach comber's license, the person who
was the holder thereof may deliver to the licensing officer
or to the clerk of petty sessions stationed nearest to such
person's residence or place of business, a true and complete return in the prescribed form (verified by statutory
declaration) enumerating with the prescribed particulars
Amendment
of
i
7
Sect on
No. 32.]
Pearling.
[1922.
all pearls which were obtained by him under or in the
exercise of his license, and which on the expiry of his
license were in his possession or under his control, and
such person shall by force of this subsection and without
obtaining any license be authorised for a period of four
months from the expiry of his license to sell or dispose of
the pearls so enumerated as if the expired license were
still in force.
Amendment of
Section 73 (a).
19. Section seventy-three (a) is hereby amended by the
addition of a proviso, as follows:
Provided that nothing in this section shall prevent a
manager, general or local, of a corporation, which is the
holder of a pearl dealer's license, from acting as the
agent or deputy of such corporation under and by virtue
of the license held by it, but so that no corporation which
is the holder of a limited license only shall be entitled to
be represented by any such manager outside the portion
of the State to which its license extends.
Addition of new
section to
Pert III.
Powers of superintendents regarding
the employment of
masters and pearl
fishers.
20. The following section is hereby added to Part III. of
the principal Act, that is to say93a. (1.) No person shall be engaged or employed as
a pearl fisher or pearl fisher in charge on a pearling ship
if a superintendent shall be of opinion that such person
is of evil fame, and shall give notice of such opinion to
the owner or an agent of the owner of the ship on which
it is intended to employ such person.
(2.) A superintendent may refuse to endorse a pearling agreement under this Part if he is satisfied that any
person named therein as pearl fisher is a person of evil
fame.
(3.) It shall not be lawful for any pearling ship to
proceed to or remain at sea unless notice of the name of
the master has been given to and approved by a superintendent and such master goes and remains on board such
ship.
(4.) Every person who commits or aids in or is party
or privy to the commission of any breach of this section
shall be guilty of an offence against this Act.
Penalty: Fifty pounds.
1922.]
Pearling.
[No. 32.
21. Section ninety-four of the principal Act is hereby
amended by the addition to paragraph (e) of the following
words, that is to say:—"or if in his opinion the ship is unseaworthy."
22. A subsection is hereby added to section ninety-five of
the principal Act, as follows:
Amendment of
Section 94.
femor
a ir
(2.) An owner or master of any ship which an inspector has by order forbidden to be employed in pearling
or taken to sea in order to be employed in pearling, or
any pearl fisher or pearl fisher in charge on a pearling
ship is refused by the superintendent to be engaged or
employed, may, in the prescribed manner, appeal against
such order to a magistrate, who may reverse, confirm, or
vary such order, and the order, if varied, shall be enforceable as an order of the inspector.
23. Subsection five of section one hundred and one (a) of
the principal Act is hereby repealed.
Amendment of
section 101 (a).
24. Subsection eight of section one hundred and one (b)
of the principal Act is hereby amended by the excision of the
word "sixteen."
Amendment of
Sect1on10/(b)
25. (1.) Subsection one of section one hundred and one
(c) of the principal Act is herey amended by the deletion of
the words "not exceeding three pounds."
Amendment of
Section 101 09.
(2.) Subsection six of section one hundred and one (c)
of the principal Act is hereby repealed.
26. The following section is hereby inserted in Part V.
of the principal Act, that is to say101a. (1.) It shall be unlawful for any person to
produce or attempt to produce, or to sell or offer for
sale, or otherwise deal in culture pearls, or to have any culture pearls in his possession, custody, or control for the purpose of selling or otherwise dealing in the same.
Penalty: Five hundred pounds, or imprisonment for not
exceeding six months.
(2.) The words "culture pearls" mean and include any
pearl, baroque pearl or blister pearl not being the natural
production of the pearl oyster, but produced by any means of
artificial cultivation.
Insertion of new
section in Part Vcultivation or tale
of culture pearls
prohibited.
No. 32.]
Pearling.
[1922.
(3.) The words "artificial cultivation" mean and include
any process, either by the insertion within the shell of the
pearl oyster of some foreign substance, or any other artificial
treatment of the pearl oyster, whereby the production of a
pearl or baroque pearl or blister pearl is, or may be, or is intended to be incited.
(4.) Any inspector may enter upon any place within the
territorial waters of the State, whether the subject of an exclusive license under this Act or not, and search therein by
divers dredging or other means for pearl oysters treated for
the cultivation of culture pearls; and may enter into and
upon and search any ship or boat or any building or premises within the State used or reasonably suspected of being
used for or in connection with the production or cultivation
of culture pearls; and if any pearl oysters apparently so
treated, or any culture pearls or any plant, apparatus, or
instruments used, or apparently intended to be used for
or in connection with the artificial cultivation of pearls are
found they shall be forfeited to the Crown, and it shall be
lawful for the inspector to cause all pearl oysters to be removed from the place in which the cultivation of culture
pearls has apparently been carried on, and destroyed or
otherwise disposed of.
Addition of new
section.
Procedure of
justices.
Amendment of
Third Schedule,
27. A section is hereby added to the principal Act, as follows :108. All proceedings before justices under this Act
shall be regulated by the provisions of the Justices Act,
1902-1920, and any decision given in any such proceeding shall be subject to appeal as provided in that Act.
28. The third schedule to the principal Act is hereby repealed, and an amended schedule is hereby substituted therefor, as follows:—
THIRD SCHEDULE.
..
The fee for a Ship License is ..
„
General License
„
The fee for an Exclusive License
..
The fee for a Beach Comber's License ..
..
„
„
Diver's License
„
„
Diver's Tender's License
..
„
Pearl Dealer's License (General)
„
Pearl Dealer's License (Shark
PI
Bay General)
„
Pearl Dealer's License (Limited)
Shell Buyer's License
..
„
IP
„
Pearl Cleaner's License ..
Transfer of any Licehse
„
..
„
Renewal of an Exclusive License
)7
£
10
0
0
50
0
0
0
0
S
8
0
20
5
3
5
01
01
0
0
0
0
0
0
1
1922.]
Pearling.
[No. 32.
29. All copies of the Pearling Act, 1912, hereafter printed
citation and
by the Government Printer shall be printed as altered by the rAt °Pnne'Pal
met
existing amendments thereof, including this Act, under the andments.
supervision of the Clerk of Parliaments, and all necessary references to the amending Acts shall be made in the margin.
In any such reprint the short title shall be altered to the
Pearling Act, 1912-1922, by which title the Pearling Act, 1912,
and the said amendments may be cited together.